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(영문) 전주지방법원 2018.04.17 2018고단7
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant is a person engaged in driving a B rocketing car in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Risk Driving).

On November 24, 2017, the Defendant was under the influence of alcohol content of 0.147% during blood transfusions at a speed of about 70km at a speed of 50km from the intersection to the intersection of mix, at the end of 53-18 degrees in Kim Jong-si, Kim Jong-si.

At the time, night and snow slick road was sleeped. In such a case, the Defendant had a duty of care to safely drive the steering and steering gear by complying with the vehicle line while paying attention to driving and accurately operating the steering and steering gear.

Nevertheless, under the influence of alcohol, the Defendant left the train due to negligence of not accurately operating the steering and steering devices, and received the roadside trees and walls on the right side of the road as the front part of the Defendant’s vehicle.

Ultimately, the Defendant driven the said rocketing car in a situation where normal driving is difficult due to influence of drinking, and suffered injury to the victim C (the 49 years of age) of the said passenger, such as the left-hand streke, the escape of the 14 week treatment.

2. The Defendant violated the Road Traffic Act (drinking driving) driven the said rocketing car under the influence of alcohol by 0.147% from the 3km section of blood alcohol to the intersection’s adjacent road, the net Dong located in about 53-18, Kim Jong-si, Kim Jong-si, Kim Jong-si.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. Notification of the results of controlling drivers;

1. A dangerous driving report;

1. Statement;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime and Articles 148-2 and 44 of the Road Traffic Act.

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